MONSON CONSERVATION COMMISSION
MINUTES AUGUST 7, 2013
MEMBERS PRESENT: Glenn Colburn, Leslie Duthie Audra Staples
MEMBERS ABSENT: Davis Johnson.
7:10 12 Bethany Road. Kathy Campbell and her realtor Cathy Mushenko met with the Commission to discuss property that Ms. Campbell owns on Bethany Road. The house was destroyed by the June 1, 2011 tornado and the lot subsequently cleared. Ms. Campbell has a buyer for the property and met with the Commission to discuss the steps that must be taken to build a new home on the lot.
Leslie Duthie stated she received copies of a plan showing the location of the house and barn that was destroyed and a plan showing the proposed new construction from Al Joyce, Bedrock Financial, Inc. Ms. Duthie stated the reconstruction is not on the same footprint as the original house it is close but not on the same footprint. Although with details of erosion control, where material would be piled etc she did not see a problem a Request for Determination of Applicability would have to be filed.
Ms. Campbell stated the brook is dry at the moment and that is typical it dries up certain times of the year. She stated after the tornado the brook was clogged with trash, roofing and siding materials, household materials and clothing and she spent many hours cleaning it out.
Glenn Colburn stated by the description of the brook he felt it was a intermittent stream because it dries up at certain times of the year and filing an RDA for the work is totally adequate. Details such as erosion control and stockpiled material should be on the plan.
Ms. Campbell stated the brook is so overgrown unless you were familiar with the property you would not know the brook was there.
Glenn Colburn stated the Commission likes brooks and streams left alone and although the brook is highly degraded it does serve a purpose allowing flow to move from up above the property down eventually to Chicopee Brook. Mr. Joyce is a developer and will build the home to sell. In order to protect the brook from future owners it would be better to have some plantings along the side of the intermittent stream maybe high bush blueberries.
Kathy Campbell questioned what the Commission meant by a filing?
Glenn Colburn stated that paperwork must be filed for work or disturbance when that work or disturbance is in or within a certain distance from wetlands, intermittent streams, streams and rivers. The filing the Commission has asked for in this instance is a simple form it does not require a filing fee but the applicant must pay for the notice to be put into the newspaper. The plans that Mr. Joyce faxed to Ms. Duthie with some revision would be acceptable.
Ms. Campbell stated it is just over two years since the tornado and she wanted closure.
Leslie Duthie stated this is normal procedure for the Commission and what is being asked in this instance is no different from conversations the Commission has had with many other residents of the Town.
Audra Staples stated this filing will allow the Commission some accountability.
Glenn Colburn questioned if Mr. Joyce proposed to rebuild the barn? If he intended to rebuild the barn the location should be on the plan and made a part of the RDA.
Ms. Mushenko stated she did not know if Mr. Joyce intended to rebuild the barn.
8:00 Leslie Duthie stated after the July 17, 2013 meeting and the conversation with the tenant at 2 Carpenter Road she wrote a letter to Jeffrey Kuselias the owner of the property. The letter spells out the steps that must be taken to rectify the violations on the parts of both the tenant and the owner. Mr. Kuselias has an open Order of Conditions issued for the construction of the house included in the order was special condition # 23 that required him to install a minimum of four permanent markers. Ms. Duthie stated she asked Mr. Kuselias to attend the meeting this evening to discuss the permanent markers, an “as built plan” and request for Certificate of Compliance.
Mr. Kuselias did not contact the office and did not attend the meeting.
Ms. Duthie stated she would telephone him and request that he attend the August 28, 2013 meeting.
Ms. Duthie stated she looked at the list of trees that Larry Smith, Pioneer Valley Planning Commission suggested for inclusion in the Monson Zoning Bylaws to give a developer some guidance when looking at screening and buffer requirements. English Oak was included on the list and Ms. Duthie deleted that species and instead added American Basswood and American Linden trees.
8:10 King Avenue, Quaboag Riders Club, Inc. continuation of a public hearing for work involving the alteration of a stream crossing and relocation of an access path.
The Commission received a request for a continuation of the hearing to August 28, 2013 from Heather Comee, Pioneer Environmental consultant for the applicant.
Leslie Duthie moved to grant the continuation.
Glenn Colburn seconded the motion.
It was so voted unanimous.
MAIL
- NOI from Antonio & Elizabeth Fernandes for construction of a commercial building and parking area.
Glenn Colburn stated he thought the Commission should make a site visit.
- The Commission received information regarding a lot on Bumstead Road owned by Alyssa Rhodes. Ms. Rhodes owns property on Robbins Road on which she has a home. When she first purchased the property on Robbins Road she was told the lot on Bumstead Road which abuts her property on Robbins Road at the rear was not a building lot, but has been taxed as a building lot for many years.
Ms. Rhodes purchased the property on Bumstead Road at the same time she purchased the property on Robbins Road. If indeed the property on Bumstead Road cannot be built on she would like a letter from the Conservation Commission to take to the Assessors and try to have the land re-evaluated as a non buildable lot.
Glenn Colburn stated the Commission should probably look at the property before making any determination. Additionally the Town now has a common driveway bylaw that may make the lot a buildable lot.
- The Commission received a written complaint from Allan McLaurin re: properties on Silver Street and Thayer Road encroaching into wetlands and alteration/removal of beaver dams.
- The Commission received a copy of an application for Earth Removal for property on Boston Road owned by Antonio & Elizabeth Fernandes from the Monson Zoning Board of Appeals.
- Exxonmobile recorded the Order of Conditions for work on Fenton Road.
- Various building permits.
The Commission signed the Certificate of Compliance for DCR project to replace the beach area at Dean Pond.
The Commission received the Conservation Restriction for the Quinlan property back from the State. Now it can be recorded at the Hampden County Registry of Deeds.
Leslie Duthie stated the baseline documentation for the Quinlan Conservation property is to be used as the gold standard for baseline documentation. The documentation is complete with photographs, maps, etc. and identifies every property line marker. There is a small issue that must be addressed an abutter to the property has cleared and encroached on the Town property. Ms. Duthie stated she was aware of it and discussed it with Seth Wesson (who acted on behalf of Penelope Quinlan owner of the property) prior to the Town purchasing the property. Mr. Wesson stated he would speak with the abutter but she was not informed as to the result of that conversation.
Leslie Duthie stated the abutter is mowing a portion of the Town property and has located a playhouse on the property. She stated she believed the Commission should ask the abutter to meet with the Commission on August 28 to discuss how to resolve this issue.
Glenn Colburn agreed stating the playhouse would have to be moved and the area replanted.
Leslie Duthie stated that Don Hutchins has taken over from Carmine Angeloni who retired and is now our State Forrester.
The Commission set a site visit for August 13, 2013 at 5:00 P.M. for Boston Road and then Bumstead Road.
Leslie Duthie moved to accept the minutes of July 17, 2013 as presented.
Glenn Colburn seconded the motion.
Voting Aye: Leslie Duthie and Glenn Colburn
Audra Staples abstained.
Glenn Colburn stated there is still ATV activity occurring on Jean Porwoll’s land and as a first step he would like to post notices that vehicular activity was prohibited on the property. The Commission will look into the cost of signage.
8:45 Leslie Duthie moved to adjourn.
Glenn Colburn seconded the motion.
It was so voted, unanimous.
Respectfully submitted,
Linda A. Hull
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